Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password

You are not connected. Please login or register

Refund, Warranty, Deceptive Sales / Advertising Act

View previous topic View next topic Go down  Message [Page 1 of 1]


Arresto Menor
Please help. I'm sorry if this letter is lenghty ='(

To begin with, way back 17th of November, 2012 we got one of Enteng Lab Computer Center’s flyers somewhere in Caloocan and made us decide to check a computer package that would suit our home business needs. To further specify, my wife and I was in need of a computer at home so that we could encode and monitor our sales and inventory for our home business that’s why we were also urged to check it out immediately. I am certainly not that knowledgeable about computers and new gadgets that’s why I had to ask accompaniment from a friend (itago na natin sa pangalang, Eboy) to know what the better deal is.

Eboy and I went back to the computer center and knew that the processor (Intel Core 2 Duo 2.13 E5500 – shown in the flyer attached hereto as “Photocopy A”, 2nd Row 4th Column) that we wanted isn’t available. They offered a different processor (Intel Dual Core 2.6 E5300) an older model, phased out and have lower performance in exchange of upgrading the Hard Disk Drive from Used Eighty Gigabytes (80 Gb) of size/SATA to a brand new One Hundred Sixty Gigabytes (160 Gb) of size/SATA. In addition to that, we added a second hand eighteen and five inch wide (18.5) AOC LCD Monitor.

Unknowing the facts and possible consequences of purchasing an old phased out model of a processor, we were still convinced by their sales staff to purchase it but issuing only a warranty receipt, attached hereto as “Photocopy B” that has the total cost of Eleven Thousand and One Hundred Fifty Pesos (P11,150.00).

Unfortunately, when we reached home and started using it, we noticed some issues (will be detailed below) with the computer although it is useable that’s why we did not opt to return it for warranty right away.

Another friend (itago na natin sa pangalang, Robert) helped us determining what the possible issues and problems of the computer were. Issues that arose within the first week were:

• slow boot up of the BIOS
• slow loading of Operating System
• slight tearing of video occurs when video adapter is set to high resolution (1680 x 1050)
• video is only limited to 1400 x 900 resolution

Since the computer was slower than it is supposed to be, Robert suggested upgrading the memory (RAM), and so we did. Robert and my son Kitkat went to Enteng Lab Computer Center on 25th of November to upgrade the memory. Quoted by Robert, he wanted to make sure that the compatibility of the memory will work with the motherboard, processor and the memory installed initially and the warranty of such peripherals will be under the same store/merchant. Adding One Thousand and One Hundred Pesos (P1,100.00), we added another two gigabytes (2Gb) of memory making it from two gigabytes (2Gb) to four gigabytes (4Gb) attached hereto as “Photocopy C”.

At this point, we frustratingly knew that the motherboard and the memory that was provided to us was not the one listed and advertised on their flyers (attached hereto as “Photocopy A”, 2nd Row 4th Column): instead of a G41 Board with DDR3 RAM Modules, they gave us a G41 Board with DDR2 RAM Modules and instead of DDR3 RAMs they gave us DDR2 RAMs (attached hereto as “Photocopy B”). This fact was only made known to me by Robert. We felt that we were ripped off.

In addition to that, we are concerned about other consumers that might get ripped-off with the same misinformation and deceptive advertisement that they (the Vendor) have.

According to Robert, DDR2 RAMs is about to be phased out and it costs way too higher than DDR3 RAMs because there are only limited brand new supplies left among merchants that sell this part of a computer system. My wife and I tries to tighten our belt so we can save money and nowadays, technology’s dynamic advancement is fast, that’s why I could have rather purchased a higher cost of a computer package if I was only informed properly and given the right choices of peripherals. Due to the limitation of upgrade paths of the system we have purchased, we will have to purchase a whole new computer package when the time comes, and that will be brutally costly.

Moreover, since we were planning to establish a home business, we went to Globe Broadband, asked for internet service and the service was installed the next day.

On the other hand, we were able to use the computer from time to time for less than a week because the problem was not resolved, the computer’s issues and problems were worsened:

• the hard drive failed to be detected by the BIOS most of the time
• the operating system hangs whenever the hard drive is detected
• the computer’s system reboots automatically for unknown reasons
• the computer’s system has become completely unstable

I am not able to bring the computer back to the Enteng Lab Computer Center for warranty right away because Robert works at midnight so I needed to wait for him. On 3rd of December Monday, Robert and my son Kitkat went to the store in behalf of me and carefully explained to them (the Vendor) what happens. They (the Vendor) thought that the Hard Disk Drive is faulty but they weren’t able to replace it because the signee of their distributor that has the documents and records of the computer we bought was on vacation leave, they asked us to go back tomorrow for the replacement.

On 4th of December Tuesday, they went back but shockingly, they were not able to commit to what they promised, Robert and my son Kitkat was told that there were no stocks left for a brand new One Hundred Sixty Gigabytes (160 Gb) of size/SATA Hard Disk Drive; they asked if they could replace the brand new One Hundred Sixty Gigabytes (160 Gb) of size/SATA Hard Disk Drive with a brand new, same of size/PATA/IDE Hard Disk Drive. Robert called me and asked for permission, I did not like the idea so I told him if he could ask them (the Vendor) to just refund the money so we can get a computer package somewhere else. He told me that he was informed that they (the Vendor), do not honor refunds as it is one of their company policies. At that time, since we did not have a choice but to accept it, we agreed to the replacement with a Warranty Receipt attached hereto as “Photocopy D”.

During that time, they tested the Hard Disk Drive and it seemed to work in the BIOS. However, upon arrival at home, issues with it arose:

• it can only be detected by the motherboard’s BIOS
• it isn’t working for an operating system installation
• it is unable to load its drivers in Windows Recovery Console Environment
• it also does not work as a backup drive even in a working computer system

I was told by my son Kitkat that Robert was not able to accompany him to come back to their store for several days because Robert has work during midnights. I wanted him to be the one to bring the computer back to the store so he can explain thoroughly to their technicians what happens. They were only able to bring it back by the 6th or 7th of December however they have no choice but to leave the computer to them (the Vendor) to identify, repair the problem or replace the faulty peripheral.

It has come to my attention that Robert and my son Kitkat made several follow ups but they (the Vendor) kept on informing them that the problem was still with the Hard Disk Drive and the replacement would not be arriving until further notice.

On 20th of December, Robert told me that he called them (the Vendor), and he was able to speak with Arlene, and was told that there was no SATA Hard Disk Drive available and they (the Vendor) were asking if we would like to settle with an PATA/IDE Hard Disk Drive. I did not agree to it because I was also told by Robert that it has lower transfer rate than SATA Drives.

On 21st of December, Robert called them again, and he was able to speak with Arlene, and was told that there will be an available brand new One Hundred Sixty Gigabytes (160 Gb) of size/SATA Hard Disk Drive by tomorrow.

On 22nd of December, Robert and my son Kitkat together with their friends Ugla and Bentot went to their store to pick up the computer. I was told that when my son and his friends arrived, the computer isn’t ready. Dennis (the Vendor’s technician) had to install several cables including the Hard Disk Drive. Furthermore, Robert noticed that one of the memorys is missing, they (the Vendor’s staff) couldn’t locate the memory of our computer, and they had to look for the memory which delayed us for hours. After which, they told us that everything is good to go as they showed us an operational operating system.

Unfortunately, the next day after, whenever we try to update the operating system, or install the motherboard’s devices, issues with the system arose again:

• the driver installation does not finish nor complete
• it takes time (slower than normal) to load the operating system
• the keyboard and mouse does not response intermittently
• the system reboots automatically intermittently
• the system hangs intermittently
• the system hangs when video adapter is set to high resolution (1680 x 1050)
• video is only limited to 1400 x 900 resolution

On 24th of December, I asked Robert to call them. He did and Christine answered their phone, he asked for Arlene since she did not know much about what happened for the past several weeks. She asked him to call back after 10 minutes but after which, no one is answering anymore.

Moreover, I went to Robert’s place bringing all the boxes of the computer package I purchased and all the receipts that I have. While constructing this letter, he noticed that the motherboard’s box that was given to us was not the same product (motherboard) that they gave us. The box is BIOSTAR G41D3C and what we have is BIOSTAR G41-M7. It is either they handed an incorrect box or they were using their motherboards as test equipments so they mistakenly switched boxes.

We would like to get Twenty Three Thousand Pesos (23,000.00) as an arrangement with a breakdown of refund and fees below if possible:

Computer Package        11-17-12     P 11,150.00
RAM Upgrade                 11-25-12     P 1,100.00

Internet Fees                11-23-12     P 2,000.00
Actual Damage Fees       N/A            P 2,750.00
General Damage Fees    N/A            P 2,000.00
Technician Fees              N/A            P 4,000.00

                                       TOTAL      P 23,000.00

(This was included on the letter that we would like to leave to them, detailed below)*..

On the 26th of December, Robert went to the store (the Vendor) to leave a letter for their manager; however, their manager is in Vacation Leave. We wanted them to sign a receipt letter to prove evidence that they received the letter but Arlene, the head sales person, called their manager to heed about the situation but they refused to sign and they also refused the idea of refund since according to their manager, it is not allowed as per their company’s policies.

I tried to tell them that we will file a complaint or lawsuit if they don't refund us..

With all that happened, we don’t know what to do anymore, we lost our trust to this store/merchant and we want to discontinue doing business with them.

"I" represents the one who purchased the computer.. but this is me, Robert who is asking here in the forums..

What we did:
We called DTI to ask what to do or how to file a complaint but no one is answering.

Question: (Edited)

Is it legal if we demand for a refund?
Is it legal if we demand for damages? (moral, actual, general, etc)
Gaano kataas ung chansa na manalo kami kung lalaban kami??

Sorry if I have a lot of question..
I've got more, actually.. Hehe..
But any feedback will be greatly appreciated.

Thank you very much and more power to this forum,

Concern Friend

Last edited by KingMike253 on Wed Jan 02, 2013 1:53 pm; edited 1 time in total

View user profile

2 ** Photocopy on Thu Dec 27, 2012 6:06 pm


Arresto Menor
Sorry, nalimutan ko i-edit..

ung mga Photocopy A, B, etc.. un ung mga reciepts, flyers na nanggaling sa kanila..

View user profile


Arresto Menor
I also made research about this, I found that there are some Republic Acts of the Philippines that they violated (once they are found guilty sa court)..

Hmm, eto ang mga un..

pero we're confused, we don't know what we'd do.. we have questions that we'd like to be answered.. hehehe..

Maraming maraming salamat pong muli..


ARTICLE 7. Promulgation and Adoption of Consumer Product Standards
ARTICLE 48. Declaration of Policy
ARTICLE 50. Prohibition Against Deceptive Sales Acts or Practices
ARTICLE 68. Additional Provisions on Warranties
ARTICLE 81. Price Tag Requirement
ARTICLE 82. Manner of Placing Price Tags
ARTICLE 83. Regulations for Price Tags Placement
ARTICLE 110. False, Deceptive and Misleading Advertisement

- and -


Articles 1545, 1548, 1555.

View user profile

4 Help? on Wed Jan 02, 2013 12:58 pm


Arresto Menor
Happy new year everyone..

Help us please.. Thank you in advance.. =)

View user profile

Sponsored content

View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum